06-27-2001 Council Agenda - Laserfiche WebLink

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MINUTES PLANNING COMMISSION JUNE 14, 2001 It was noted that construction has started on a chain -link fence that is approximately 5 feet from the curb line adjacent to the Montgomery property. The City Planner indicated that it appears this fence is on the right -of -way. The City does not have the authority to grant a variance to allow a property owner to place a fence on the right -of -way. Therefore, the closest that the fence could be placed toward the street would be at the property line. He indicated that he would guess the fence for the coffee shop ends at the property line. The City Planner noted that his recommendation would be to allow the Montgomery fence to line up with the west side of the house, which is approximately 16 feet from the property line rather than the required 30 -foot setback. Montgomery felt that the amount of on street parking along his property was more of a problem than placement of the fence on the right -of -way. Keis pointed out that a hardship must be present in order to justify the granting of a variance, and acknowledged that the existence of the coffee shop and the impact that this business has on the adjacent residential area may be sufficient hardship. Barraclough felt that the City should allow the Montgomery fence to line up with the coffee shop fence assuming that the coffee shop fence is at the property line. The Planner indicated that his recommendation is that the fence should line up with the corner of the house. Roycraft questioned whether people walking in the area was a hardship. Montgomery indicated that he did not mind the additional traffic in the area, but he did feel that he lost privacy given the fact that patrons of the coffee shop are parking on the street along his house and walking the boulevard area to get to the coffee shop. Knudsen felt that the City needed to be sensitive to the impact that commercial property can have on residential property and that a buffer of some sort needs to be created. Keis indicated that he supported a higher fence as well as an opaque fence. However, he did not feel allowing the fence on the right -of -way was justified. The Planner indicated that it was his position that it was reasonable to allow the fence to have the same setback as the house. Knudsen pointed out that Rosewood Drive along the Montgomery property has essentially become an extended parking lot for the coffee shop. Therefore, a hardship existed to warrant granting a variance. Page 21